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Class 8th - CIVICS Complete Chapter Explanation

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0% found this document useful (0 votes)
246 views177 pages

Class 8th - CIVICS Complete Chapter Explanation

Uploaded by

futuredoctor8090
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Class - VIII

Notes
Complete
Civics
Crafted with love #Together we can, we will
By Digraj Singh Rajput
Use code - DIGRAJ
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CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Introduction:
❖ Laws and their familiarity with US.
● Laws specifying age for the marriage.
● Laws governing the buying and selling the property.

Who make these laws?

Similarly, there are multiple question regarding law and


we are going to discuss them in the chapter.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Introduction:
❖ What we are going to study in this chapter?

➢ Do laws apply to all?

➢ How do new laws come about?

➢ Unpopular and controversial news.

➢ Story of Rosa Park.

➢ NCERT solutions.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Do Laws Apply to All:
Analyse the situation

❖ A government official helps his son go into hiding because his son has been given a ten-year
jail sentence by a District Court for a crime that he has committed.

Violation of law How?

The principle of Rule of law is violated here.

● That all persons in independent India are equal before the law.
● The law cannot discriminate between persons on the basis of their religion, caste or gender.
● Laws apply equally to all citizens of the country and no one can be above the law.
● Any crime or violation of law has a specific punishment as well as a process through which
the guilt of the person has to be established.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Do Laws Apply to All:
❖ Is this situation same since ancient time?

In ancient time India, there were innumerable and often overlapping laws.

Created problem

During colonial period the system of laws began to evolve.


British colonialism are credited for introducing rule of laws in India.

❖ Historians have disputed this claim on several grounds.


I. First that colonial law was arbitrary.
II. Second that the Indian nationalists played a prominent role in the development of
the legal sphere in British India.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Do Laws Apply to All:
❖ Role of Indian Nationalist in law making.

The Indian legal profession also began emerging and demanded


respect in colonial courts.
They began to use law to defend the legal rights of Indians.
∴ Indians played a major role in the evolution of the rule of law
during the colonial period.

❖ Finally, the constitution served as the foundation on which our


representatives began making laws.

Is the evolution takes place.


Ex. Hindu Succession Amendment Act 2005.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
❖ We know that parliament has an important role in making laws.

But how parliament get to know that which laws are required to be made.

❖ There are many ways through which this takes place.

● Issues raised by different group of the society


● Protest etc
● Voice of the citizens
● Role of TV reports, Newspaper editorials

❖ Let us understand how issue of domestic violence was brought to the attention of Parliament
and the process adopted for this issue to become law.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?

In December 2002, the Standing Committee


submitted its recommendations to the Rajya
Sabha and these were also tabled in the Lok
Sabha. The Committee’s report accepted most
of the demands of the women’s groups. Finally a
new bill, was reintroduced in Parliament in
2005. After being passed in both houses of
Parliament, it was sent to the President for his
assent. The Protection of Women from Domestic
Violence Act came into effect in 2006
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
How Do New Laws Come About?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Unpopular and Controversial Laws:
❖ Understand the heading.
Constitutionally valid and hence legal
Parliament Passed a law

Still it can be unpopular and unacceptable

Why?

Because people feel that the intention behind it is unfair and harmful. Hence,
people might criticise this law, hold public meetings, write about it in
newspapers, report to TV news channels etc.

Citizens can express their unwillingness to accept repressive laws framed by the
Parliament. When a large number of people begin to feel that a wrong law has
been passed, then there is pressure on the Parliament to change this.
Ex. Laws making hawking and street vending illegal.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Unpopular and Controversial Laws:
❖ How do people protest against the unpopular and controversial laws.

❖ We need to remember that our role as citizens does not end with electing our representatives.
● Criticise their action if required.
● We can raise equation.
❖ It is the extent, involvement and enthusiasm of the people that helps Parliament perform its
representative functions properly.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
Story of Rosa Parks:
❖ Indian nationalists protested and criticised arbitrary and
repressive laws being enforced by the British.

Similarly history provides us several examples of people and


communities who have struggled to end unjust laws.

Story of Rosa Parks


● Rosa Parks, an African-American woman. She refused to give up her seat on a bus to a white
man on 1 December 1955.
● She was protesting the law of segregation that divided up all public spaces, including the
streets, between the whites and the African-Americans.
● Her refusal was a key event that marked the start of the Civil Rights Movement, which led to
the Civil Rights Act in 1964, which prohibited discrimination on the basis of race, religion or
national origin in the U.S.A.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
NCERT Solutions:
Que 1. Write in your own words what you understand by the term the ‘rule of law’. In
your response include a fictitious or real example of a violation of the rule of law.?

Ans 1. Rule of law means that every citizen of the land shall be governed by the same set
of laws and there shall not be any discrimination on the basis of religion, caste, class,
gender.
Any person violating the law of the land shall be dealt with according to the process laid
out by the law.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
NCERT Solutions:
Que 2. State two reasons why historians refute the claim that the British introduced
the rule of law in India.?

Ans 2. Two reasons why historians refute the claim that the British introduced the
rule of law in India are:
I. The laws under British rule were arbitrary. The rulers could use those laws any
way they wanted to arrest Indians without trial.
II. The Indian nationalists played an important role in the development of rule of
law as they protested against unjust laws.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING LAWS
NCERT Solutions:
Que 3. Write in your own words what you understand by the following sentence on
page 44-45: They also began fighting for greater equality and wanted to change the idea
of law from a set of rules that they were forced to obey, to law as including ideas of
justice.

Ans 3. The Indian nationalists were unhappy with the arbitrary set of rules which they
were made to obey and had no role in the making of.
Under these laws, they could be arrested by the British without a proper trial. This is
why they began fighting for rule of law and removal of unjust colonial laws. Rule of law
implied justice as according to it, all citizens were bound by the same set of laws
irrespective of their caste, class religion, gender etc.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Introduction:
❖ Judiciary: What do you understand by this term?

We have rule of law

∴ To ensure this rule of law, we have a judicial system that


consists of the mechanism of courts that a citizen can approach
when a law is violated.

❖ Judiciary plays a crucial role in the functioning of India’s democracy.


CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Introduction:
❖ What we are going to study in this chapter?
➢ What is the role of the judiciary?
➢ What is an independent judiciary?
➢ What is the structure of courts in India?
➢ What are the different branches of legal system?
➢ Does everyone have access to the courts?
■ PIL
■ Olga Tellis v/s Bombay Municipal Corporation
➢ NCERT Solution
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is the Role of the Judiciary?
What do you think?

Courts take decisions on a very large number of issues.


❖ Dispute Resolution: The judicial system provides a mechanism for
resolving disputes between citizens, between citizens and the
government, between two state governments and between the The Supreme Court was
established on 26 January
centre and state governments.
1950, the day India became
❖ Judicial Review: Judiciary also has the power to strike down a Republic. Like its
particular laws passed by the Parliament if it believes that these are predecessor, the Federal
Court of India (1937–1949),
a violation of the basic structure of the Constitution. it was earlier located in the
❖ Upholding the Law and Enforcing Fundamental Rights: Every citizen Chamber of Princes in the
Parliament House. It moved
of India can approach the Supreme Court or the High Court if they to its present building on
believe that their Fundamental Rights have been violated. Mathura Road in New Delhi
in 1958.
Ex. Paschim Banga Mazdoor samity v/s state of West Bengal (1996).
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is an Independent Judiciary?
❖ Impartiality of judge and judiciary is most important.

How can we ensure this? By granting independence to it.

Example How?

Explain Separation of power

❖ Other branches of government - The legislature and the executive - cannot interfere in the work
of the judiciary. The courts are not under the government and do not act on their behalf.

➔ To ensure independence of judiciary , judges in the High Court as well as the Supreme Court are
appointed with very little interference from other branches of government.
➔ Once appointed to this office, it is also very difficult to remove a judge.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is an Independent Judiciary?
❖ Advantages of independent judiciary.

● Play a central role in ensuring that there is no misuse of power by the


legislature and the executive.
● It also plays a crucial role in protecting the Fundamental Rights of
citizens.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is the Structure of Courts in India?
❖ There are different level of court in our country -

Supreme Court (Apex Court) - Delhi


presided by Chief Justice of India

High Court
Highest court of each state

Subordinate or district courts at district or tehsil


level or or in town presided by district judge
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is the Structure of Courts in India?
❖ High Courts were first established in the three Presidency
cities of Calcutta, Bombay and Madras in 1862.
❖ The High Court of Delhi came up in 1966. Currently there
are 25 High Courts.
❖ While many states have their own High Courts, Punjab and
Haryana share a common High Court at Chandigarh, and
four North Eastern states of Assam, Nagaland, Mizoram
and Arunachal Pradesh have a common High Court at Madras High Court
Guwahati.
❖ Andhra Pradesh (Amaravati) and Telangana (Hyderabad)
have separate High Courts from 1 January 2019.
❖ Some High Courts have benches in other parts of the state
for greater accessibility.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is the Structure of Courts in India?

Patna High Court Karnataka High Court


CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What is the Structure of Courts in India?
❖ Are these court connected with each other?

Yes, we are having integrated Judicial system.

Appellate system help us understand the integrated judicial system of judiciary.

Example: State (Delhi administration) v/s Laxman Kumar and other [1985].

Analyse the story


CLASS 8th - CIVICS - CHAPTER - JUDICIARY
What are the Different Branches of Legal System?
❖ There are two branches of legal system:

Criminal Law Civil Law


1. Deals with conduct or acts that the law 1. Deals with any harm or injury to rights of
defines as offences. For example, theft, individuals. For example, disputes relating to
harassing a woman to bring more dowry, sale of land, purchase of goods, rent matters,
murder. divorce cases.
2. It usually begins with the lodging of an 2. A petition has to be filed before the relevant
First Information Report (FIR) with the court by the affected party only. In a rent
police who investigate the crime after matter, either the landlord or tenant can file a
which a case is filed in the court. case.
3. If found guilty, the accused can be sent 3. The court gives the specific relief asked for. For
to jail and also fined. instance, in a case between a landlord and a
tenant, the court can order the flat to be
vacated and pending rent to be paid.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Does Everyone has Access to the Court?

Big Yes

Every citizen has a right to justice through the courts.

Reality

While the courts are available for all, in reality access to courts
How?
has always been difficult for a vast majority of the poor in India.

I. Legal procedures involve a lot of money and paperwork as well as take up a lot of time.
II. For a poor person who cannot read and whose family depends on a daily wage, the idea of
going to court to get justice often seems remote.
❖ What did government do to resolve this?
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Does Everyone has Access to the Court?
❖ The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL
to increase access to justice. How?

● PIL
● It allowed any individual or organisation to file a PIL in the High Court or the Supreme
Court on behalf of those whose rights were being violated.
● Even a letter or telegram addressed to the Supreme Court or the High Court could be
treated as a PIL. Advantages

■ Helping in rescuing bonded labourers.


■ Securing the release of prisoners in Bihar who had been kept in jail even
after their punishment term was complete.
■ Mid day meal in schools.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Does Everyone has Access to the Court?

Relate the story


❖ Fundamental Rights Article 21 Right to food
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Does Everyone has Access to the Court?
❖ Another issue that affects the common person’s access to justice.

● Long number of years that courts take to hear a case.

Justice delayed is Justice denied.

Hashimpura Massacre

❖ However, in spite of this there is no denying that the judiciary has played a crucial
role in democratic India, serving as a check on the powers of the executive and the
legislature as well as in protecting the Fundamental Rights of citizens.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
Olga Tellis v/s Bombay Municipal Corporation:
❖ There are also court judgments that people believe work against the best interests of
the common person.

Judgements on evictions of slum dwellers.

The same time, some judgements tried to protect the livelihood of slum dwellers.

Olga tellis v/s Bombay Municipal Corporation

Life means something more than


❖ Right to livelihood as a part of the Right to life.
mere animal existence.

❖ The eviction of a person from a pavement or slum will inevitably lead to the deprivation
of his means of livelihood.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 1. You read that one of the main functions of the judiciary is ‘upholding the law and
Enforcing Fundamental Rights’. Why do you think an independent judiciary is necessary to
carry out this important function?

Ans 1. An Independent Judiciary is essential to carry out its function of upholding the law
and Enforcing Fundamental Rights so that it can be free of pressure from Legislature or
Executive interference.
Only a Judiciary Independent of outside interference can give a fair trial to citizens
irrespective of caste, class, religion, sex and other such prejudices.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 2. Re-read the list of Fundamental Rights provided in Chapter 1. How do you think the
Right to Constitutional Remedies connects to the idea of judicial review?

Ans 2. The Right to Constitutional Remedies guarantees citizens the right to approach the
court directly if they believe that any of their Fundamental Rights have been violated by the
state.
The Judiciary has the power to remove any law passed by the Parliament which, according
to it, violates the basic structure of the Constitution, i.e. the Fundamental Rights. This is
how the two ideas of Right to Constitutional Remedies and Judicial Review are connected
to each other.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 3. In the following illustration, fill in each tier with the
judgments given by the various courts in the Sudha Goel case.
Check your responses with others in class.
Ans 3.
Lower Court - Convicted Laxman, his mother Shakuntala and his
brother-in-law Subhash Chandra and sentenced all three of them
to death.

High Court - Acquitted Laxman, Shakuntala and Subhash


Chandra.

Supreme Court - Sentenced Laxman and Shakuntala for life,


acquitted Subhash due to lack of evidence.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 4. Keeping the Sudha Goel case in mind, tick the sentences that are true and
correct the ones that are false.
a. The accused took the case to the High Court because they were unhappy with
the decision of the Trial Court.

b. They went to the High Court after the Supreme Court had given its decision.

c. If they do not like the Supreme Court verdict, the accused can go back again
to the Trial Court.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 5. Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s
is a significant step in ensuring access to justice for all?

Ans 5. Before the 1980s, litigation in courts was a costly and time consuming affair.
As a result of this, the poor could not afford going to courts and get justice.
The introduction of the mechanism of Public Interest Litigation (PIL) by the Supreme
Court in early 1980s gave increased access to justice.
It allowed any individual or organisation to file a PIL in the High Court or the Supreme
Court on behalf of those whose rights had been violated.
The legal process was greatly simplified. Now even a letter or telegram addressed to the
Supreme Court or the High Court could be treated as a PIL.
So, the introduction of PIL was a significant step in ensuring access to justice for all.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 6. Re-read excerpts from the judgement on the Olga Tellis vs Bombay Municipal
Corporation case. Now write in your own words what the judges meant when they
said that the Right to Livelihood was part of the Right to Life.
Ans 6. The Right to Life conferred by Article 21 has far-reaching implications.
It means more than just animal existence. That is only one aspect of the Right of Life.
An equally important aspect of the Right to Life is the Right to Livelihood because no
person can live without the means of living, which also means the means of
livelihood.
This is what the judges meant when they said that the Right to Livelihood was part of
the Right to Life.
CLASS 8th - CIVICS - CHAPTER - JUDICIARY
NCERT Solutions:
Que 7. Write a story around the theme, ‘Justice delayed is justice denied’.
Ans 7.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Introduction:
❖ Imagine a situation.
Is it the police who FIR
Violation of law Police decides whether a
person is guilty or not? Arrest

It is the court who decides whether


NO
the accused person is guilty or not.

Confused
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Introduction:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Introduction:
❖ What we are going to study in this chapter?

➢ Frictional case to understand our Criminal Justice System.


➢ What is the role of the police in Investing a crime?
➢ D.K. Basu guidelines
➢ First Information Report (FIR)
➢ What is the role of the public prosecutor?
➢ What is the role of the judge?
➢ What is a fair trial?
➢ NCERT Solution
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:

S.I. Rao forcibly keeps Sushil in the police station for two days. Sushil is abused and beaten by S.I. Rao and other
police constables. They try and make him confess that he and his sister Shanti head a gang of domestic servants
that have stolen jewellery from other homes. There have been other complaints of theft of jewellery from
Shinde’s neighbourhood. As Sushil keeps repeating that he is an innocent factory worker, the police let him go
after two days.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:

14.9.06
The police files a chargesheet in the Magistrate’s Court. The court gives a copy of the charge sheet including
statements of witnesses to Shanti. Shanti tells the court that she has no lawyer to defend her against this false
case of theft.
The Magistrate appoints Advocate Kamla Roy as Shanti’s defence lawyer at the government’s expense.
According to Article 22 of the Constitution, every person has a Fundamental Right to be defended by a lawyer.
Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to
engage one due to poverty or other disability.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
Frictional Case to Understand Our Criminal Justice System:

❖ From the whole incident, we saw that there are four key players in the criminal justice
system Police, Public prosecutor, Defence lawyer and Judge.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is the Role of the Police in Investigating a Crime?
❖ Police Investigate any complaint about the commission of a crime

How?

● Recording statements of witnesses.


● Collecting different kinds of evidence.

Then farming an opinion and acting accordingly to it.

If the police think that the evidence points to the guilt of the
accused person, then they file a chargesheet in the court.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is the Role of the Police in Investigating a Crime?
Rule of Law

Everyone is subjected to the law of the land. [Including police]

∴ Police investigations always have to be conducted in


Explain
accordance with law and with full respect for human rights.

Guidelines laid down by the supreme court


that the police must follow at the time of
arrest, detention and interrogation.

Explain
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is the Role of the Police in Investigating a Crime?
Guidelines of Supreme Court

❖ The police are not allowed to torture or beat or shoot


Broadly we will discuss
anyone during investigation.
in D.K. Basu guidelines.
❖ They cannot inflict any form of punishment on a person
even for petty offences.
Article 22 and criminal law also guarantee some rights to every arrested person:
● The Right to be informed at the time of arrest of the offence for which the person is being
arrested.
● The Right to be presented before a magistrate within 24 hours of arrest.
● The Right not to be ill treated or tortured during arrest or in custody.
● Confessions made in police custody cannot be used as evidence against the accused.
● A boy under 15 years of age and women cannot be called to the police station only for
questioning.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
D.K. Basu Guidelines:
❖ Procedures that the police and other agencies have to follow for the arrest, detention and
interrogation of any person.

● The police officials who carry out the arrest or


interrogation should wear clear, accurate and visible
identification and name tags with their designations.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
D.K. Basu Guidelines:
● A memo of arrest should be prepared at the time of
arrest and should include the time and date of arrest. It
should also be attested by at least one witness who could
include a family member of the person arrested. The
arrest memo should be countersigned by the person
arrested.

● The person arrested, detained or being interrogated has a


right to inform a relative, friend or well wisher.

● When a friend or relative lives outside the district, the


time, place of arrest and venue of custody must be
notified by police within 8 to 12 hours after arrest.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
First Information Report [FIR]:

What do you understand by the term?

❖ It is with the registration of an FIR that the police


can begin their investigations into a crime.

What is there in FIR?


● The FIR usually mentions the date, time and place of the offence, details the basic facts
of the offence, including a description of the events.
● If known, the identity of the accused persons and witnesses is also mentioned.
● The FIR also states the name and address of the complainant.

The law states that it is compulsory for an officer in charge of a police station to register an
FIR whenever a person gives information about a cognizable offence.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is the Role of the Public Prosecutor?
❖ Who is public prosecutor?
A criminal offence is regarded as a public
He/She is the lawyer who wrong. Committed not only against the
represents the interest of the state. affected victims but against society as a whole

Ex. State vs Laxman Kumar and other


● The role of the Prosecutor begins once the
State vs Shanti Hambram
police has conducted the investigation and
filed the chargesheet in the court.
● The Prosecutor must conduct the prosecution Then what do we see in movies.
on behalf of the State.
● It is his/her duty to act impartially and
present the full and material facts, witnesses
and evidence before the court.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is the Role of the Judge?
❖ Who is judge?

He/She is the presiding officer in the court who gives the


judgement regarding the case.

I. The judge is like an umpire in a game and conducts the trial impartially and in an open court.
II. The judge hears all the witnesses and any other evidence presented by the prosecution and the
defence.
III. The judge decides whether the accused person is guilty or innocent on the basis of the evidence
presented and in accordance with the law.
IV. If the accused is convicted, then the judge pronounces the sentence. What?

He may send the person to jail or impose a fine or both, depending on what the law prescribes.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is the Role of the Judge?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is a Fair Trial?
❖ Imagine a situation where Shanti’s case was prosecuted in very different way.

I. What if the court did not give a copy of the charge sheet and statements of witnesses to
Shanti?
II. What if he held the trial in a secret location where neither Shanti nor Sushil were
present?
III. What if he did not give Shanti’s lawyer?
IV. What if the Advocate Roy was not given enough time to question the witnesses of the
prosecution such as Mrs Shinde and instead had already decided that Shanti was guilty?

Clear cut case of unfair trial

Then what is a fair trial?


CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is a Fair Trial?
For a trial to be fair, several different procedures have to be observed.

Article 21 = Right to life

States that a person’s life or liberty can be taken away only


Essence of a fair trial
by following a reasonable and just legal procedure.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is a Fair Trial?
❖ Did Shanti get a fair trial? Yes How?

I. Shanti was given a copy of the chargesheet and all other evidence that the
prosecution presented against her.
II. The trial was held in an open court, in public view.
III. The trial was held in the presence of the accused.
IV. Shanti was defended by a lawyer. Advocate Roy was given an opportunity to
cross-examine all the prosecution witnesses and present witnesses in Shanti’s
defence.
V. Judge assumed her to be innocent.
VI. It was the responsibility of the prosecution to prove beyond reasonable doubt that
Shanti was guilty.

∴ A fair trial
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING OUR CRIMINAL JUSTICE SYSTEM
What is a Fair Trial?
❖ For a trial to be fair different persons have different role to play.

Role of Judge

Role of Public Prosecutor

Role of Defence lawyer

Role of Police

They all need to work to ensure that every citizen, irrespective of their class, caste,
gender, religious and ideological backgrounds gets a fair trial when accused.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Introduction:
❖ What do you understand by the term marginalisation?

Socially Marginalised

Who? How?

❖ Marginalisation due to: Language, customs, religion, economic and social status.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Introduction:
❖ What we are going to study in this chapter?

➢ Frictional case to understand marginalisation


➢ Who are adivasis?
➢ Adivasi and stereotyping
➢ Adivasi and development
➢ Minorities and marginalisation
➢ Muslims and marginalisation
➢ Conclusion
➢ NCERT solution
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Fictional Case to Understand Marginalisation:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Fictional Case to Understand Marginalisation:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Fictional Case to Understand Marginalisation:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Fictional Case to Understand Marginalisation:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Fictional Case to Understand Marginalisation:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Fictional Case to Understand Marginalisation:

❖ Dadu’s story is similar to the lives of millions of Adivasis in India.


CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Who are Adivasis?
Adivasis Original Inhabitants

● Communities who lived, and often continue to live, in close association with forests.

● A state like Odisha is home to more than 60 different tribal groups.


● Adivasi societies are also most distinctive because there is often very little hierarchy among
them.
● Around 8 per cent of India’s population is Adivasi. Adivasis are not a homogeneous
population: there are over 500 different Adivasi groups in India.
● Adivasis practise a range of tribal religions that are different from Islam, Hinduism and
Christianity.
➔ Worship of ancestors, village and nature spirits.
➔ For example - The Jagannath cult of Odisha and Shakti and Tantric traditions in Bengal and
Assam. Numbers of Adivasis converted to Christianity.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Who are Adivasis?
❖ Adivasis have their own languages. Santhali has the largest
number of speakers and has a significant body of publications
including magazines on the internet or in e-zines.

The above two images of tribal communities in their


traditional costumes are often the only ways in
which Adivasi communities are represented. This
then leads us to think of them as being ‘exotic’ and
‘backward’.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Adivasis and Stereotyping:
In India, we usually ‘showcase’ Adivasi communities in particular ways.

Stereotypical ways

Blame them for lack


Primitive of advancement
Reality
Colourful costume

❖ Stereotyping particular communities can lead to people discriminating against such groups.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Adivasis and Development:
Forest Development of Empires

❖ Metal ores like iron and copper, and gold and silver, coal and diamonds, invaluable timber,
most medicinal herbs and animal products (wax, lac, honey) and animals themselves
(elephants, the mainstay of imperial armies), all came from the forests.

Adivasi and Forest

● Adivasis had a deep knowledge of, access to, as well as control over most of these vast tracts
at least till the middle of the nineteenth century.
● Often empires heavily depended on Adivasis for the crucial access to forest resources.

Situation is not the same today Why?


CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Adivasis and Development:
❖ Adivasis Marginal and powerless communities.

Pre Colonial World In past 200 years

Hunter gatherers and nomads and lived Economic changes, forest policies
by shifting agriculture and also and political force applied by the
cultivating in one place. State and private industry

Migration

Workers in plantations, at
construction sites, in industries and
as domestic workers.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Development and Problems Faced by Tribals:
❖ Forest lands have been cleared for timber and to get land for agriculture and industry.

Agriculture Industries

● Forced to leave land [Forest area are being Mining


cleared off].
● Powerful forces have often taken over the
● Huge tracts of land have gone under the
land of tribes forcefully and procedures not
water of dams and leading to
followed.
displacements.
● More than 50 per cent of persons displaced
due to mines and mining projects are tribals.

❖ North east, their lands remain highly militarised.


CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Development and Problems Faced by Tribals:
❖ India has 104 national parks covering 40,501 sq km and 543 wildlife sanctuaries covering
1,18,918 sq km.
They have to evict the place or they will be termed as encroachers.

❖ Losing their lands and access to the forest means that tribals lose their means of main sources
of livelihood and food.

∴ They migrated to cities in search of work

They are employed for very low wages in local industries or at building or construction sites.

Cycle of poverty and deprivation How?


● Childrens are malnourished.
● Low literacy rate.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Development and Problems Faced by Tribals:
❖ They lose much more than a source of income.

They lose their traditions and customs

Adivasis use around 10,000 plant species – “They took our farming land. They
approximately 8,000 species are used for left some houses. They took the
medicinal purposes; 325 are used as cremation ground, temple, well and
pesticides; 425 as gums, resins and dyes; pond. How will we survive?” says
550 as fibres; 3,500 are edible. This entire Gobindha Maran, who was
knowledge system gets wiped out when displaced due to a refinery project
Adivasis lose their rights over forest lands. in Odisha.

I. There exists an interconnectedness between the economic and social dimensions of tribal life.
II. Destruction in one sphere naturally impacts the other.
III. Often this process of dispossession and displacement can be painful and violent.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Minorities and Marginalisation:
Who are minorities? Religion and linguistic minorities

❖ Communities that are numerically small in relation Constitution provides


to the rest of the population. safeguards

❖ It encompasses issues of power, access to resources Why?


and has social and cultural dimensions.

● Size can be a disadvantage and lead to the marginalisation of the relatively smaller
communities.
● Safeguards are needed to protect minority communities against the possibility of being
culturally dominated by the majority.
● The Constitution provides these safeguards because it is committed to protecting India’s
cultural diversity and promoting equality as well as justice. Role of Judiciary
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Muslims and Marginalisation:
2011 census

● Muslims are 14.2 percent of India’s population.


● Deprived of the benefits of socio-economic development.

❖ The data in the three tables below, indicate the situation of


the Muslim community with regard to basic amenities,
literacy and public employment.

Which of these
communities have the most
and the least access to
basic amenities?
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Muslims and Marginalisation:
Government set up a high-level committee in 2005. Chaired by Justice Rajinder Sachar.

❖ The committee examined the social, economic and educational status of the Muslim
community in India.

Gave its report

❖ It highlighted the marginalisation of the community. Example: According to the Report the
average years of schooling for Muslim children between the ages of 7-16 is much lower than
that of other socio religious communities.

❖ Like other minorities, Muslim customs and practices are sometimes quite distinct from what is
seen as the mainstream.
Muslims may wear a burqa, sport a long beard, wear a fez, and these become ways to identify
all Muslims.
∴ They tend to be identified differently and some people think they are not like the ‘rest of us’.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Muslims and Marginalisation:
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Muslims and Marginalisation::
The social marginalisation of muslims had led to:

● Migration
● Ghettoisation of the community
● Sometime, this prejudice leads to hatred and violence

In this case also, there is a link between economic and social marginalisation.

Thinking about measures and safeguards to redress this situation.


CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
Conclusion:
Marginalisation

Experience of different marginalised communities

● Adivasis
● Muslims
❖ Different reasons for marginalisation, different experience.

➔ Marginalisation is linked to experiencing disadvantage, prejudice and powerlessness.


➔ Other marginalised communities in India: Dalits.

Marginalised communities want to maintain their cultural distinctiveness while


having access to rights, development and other opportunities.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
NCERT Solution:
Que 1. Write in your own words two or more sentences of what you understand by the word
‘marginalisation’

Ans 1. Marginalisation refers to the low social status of minorities and their unequal access to
public resources. Members of minority communities face marginalisation because of their smaller
numbers. Marginalisation can be social, economic, political and cultural.

Que 2. List two reasons why Adivasis are becoming increasingly marginalised.

Ans 2. Two reasons why Adivasis are becoming increasingly marginalised are:
(a) Their distinct culture and customs.
(b) They lived in areas rich in minerals and natural resources which should be controlled by
government.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
NCERT Solution:
Que 3. Write one reason why you think the Constitution safeguards to protect minority
communities are very important?

Ans 3. The Constitution’s safeguards to protect minority communities are very important because
they are numerically small in number and could possibly be dominated and discriminated against
by the majority because of their smaller numbers.

Que 4. Re-read the section on Minorities and Marginalisation. What do you understand by the
term minority?

Ans 4. The term minority refers to any community which is numerically smaller in number in
comparison to the rest of the population.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
NCERT Solution:
Que 5. You are participating in a debate where you have to provide reasons to support the
following statement: ‘Muslims are a marginalised community’. Using the data provided in this
chapter, list two reasons that you would give
Ans 5. Muslims are a marginalised community because:
(a) The representation of Muslims in public employment is not in proportion to their population.
(b) The literacy rate of Muslim is the least of all and much below the national average.

Que 6. Imagine that you are watching the Republic Day parade on TV with a friend and she
remarks, “Look at these tribals. They look so exotic. And they seem to be dancing all the time”. List
three things that you would tell her about the lives of Adivasis in India.
Ans 6. I would tell her that:
(a) Adivas have a distinct culture of their own that is different from the mainstream.
(b) They speak in their own language and have their own customs.
(c) They live in hilly terrains or forested areas.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
NCERT Solution:
Que 7. In the storyboard you read about how Helen hopes to make a movie on the Adivasi story.
Can you help her by developing a short story on Adivasis?

Ans 7. An Adivasi community used to live near a forest tract in Chhattisgarh. They followed their
own customs, religion and spoke their own language.

A multinational company came to their region one day,conducted various surveys and left. After
few months, they came back and told the members of the community to leave the region.

The Adivasi community members protested but were eventually evicted. They migrated to the
cities and lived in poor conditions. The young members of the community secured education, with
much difficulty. When they grow up, they fought against the injustice meted out to them years
back. After relentless struggle and worldwide attention, their grievances were finally heard. They
got rehabilitated.
CLASS 8th - CIVICS - CHAPTER - UNDERSTANDING MARGINALISATION
NCERT Solution:
Que 8. Would you agree with the statement that economic marginalisation and social
marginalisation are interlinked? Why?

Ans 8. Yes, I agree with the statement because economic marginalisation leads to social
marginalisation. On the same way, social marginalisation leads to economic marginalisation. That
is why, the two are interlinked. For example, if an Adivasi community faces social marginalisation,
it would not be able to secure decent means of livelihood. If it does not secure means of
livelihood, then it would be marginalised socially too.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Introduction:
❖ Understand the heading Relate it with the previous chapter.

● Though powerless, such groups have fought, protested and


struggled against being excluded or dominated by others.
● Religious solace, armed struggle, self improvement and education,
economic uplift – there appears to be no one way of doing things.

What we are going to study in this chapter?

❖ We will read about some of the ways in which groups and individuals challenge
existing inequalities.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Introduction:
❖ What we are going to study in this chapter?
➢ Invoking Fundamental Rights
➢ Laws for the Marginalised
➢ Protecting the Rights of Dalits and Adivasis
➢ Story of Kabir
➢ The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
➢ The scourge of manual scavenging
➢ Adivasis and demand and the 1989 Act.
➢ Conclusion
➢ NCERT Solution
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Invoking Fundamental Rights:
Fundamental Rights Their position in constitution

❖ As far as the marginalised are concerned, they have drawn on these rights in two ways:

First: By insisting on their Fundamental Rights, they have forced the government to recognise
the injustice done to them.
Second: They have insisted that the government enforce these laws.

❖ The struggles of the marginalised have influenced the government to frame new laws, in
keeping with the spirit of the Fundamental Rights.
Example: Article 17 of the Constitution states that untouchability has been abolished.

Relate it with Article 15 of the Constitution notes that no citizen of India shall be discriminated
against on the basis of religion, race, caste, sex or place of birth
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Invoking Fundamental Rights:
∴ Using the provisions in the constitution.

Dalits can ‘invoke’ or ‘draw on’ a Fundamental Right (or Rights) in


situations where they feel that they have been treated badly by
some individual or community, or even by the government.

❖ Similarly, the minorities have been drawn on the Fundamental Rights given in our constitution.

Right to freedom of religion and cultural and educational rights.

Constitution tries to ensure cultural justice to such groups.


CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Laws for the Marginalised:
❖ Government make laws to protect its citizens. Sachar
committee

Still for the protection of marginalised, there are specific laws and policies.

Setting up a committee or Recommend policies or Government works


undertaking a survey schemes over it

❖ Why do the laws for the marginalised are made?

Promoting social justice

Explain
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Laws for the Marginalised:
❖ Apart from the implementation of the constitution.

Specific schemes are launched for Dalits and Adivasis communities.

Example:
● Free or subsidised hostel for students of Dalits and
Adivasis communities.
● Reservation policy [Education and government
employment]

Arguments
Dalit student hostel
How does the reservation policy works?
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Laws for the Marginalised:
How does the reservation policy works?

❖ Governments across India have their own list of Scheduled Castes (or Dalits), Scheduled
Tribes and backward and most backward castes.

❖ Students applying to educational institutions and those applying for posts in government are
expected to furnish proof of their caste or tribe status.

❖ If a particular Dalit caste or a certain tribe is on the government list, then a candidate from
that caste or tribe can avail of the benefit of reservation.

❖ For admission to colleges, governments define a set of ‘cut-off’ marks.

❖ Those who have done reasonably well and secured marks above the cut-off point are entitled
to the benefits of reservation.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Protecting the Rights of Dalits and Adivasis:
❖ Policies for uplifting + Laws that guard against the discrimination and
exploitation of marginalised communities.

Story of Jakmalgur

● Explains the incident that how dalits use protection provided to them by law.

● Rathnam filing a case under the scheduled caste and scheduled tribes
(Prevention of atrocities) Act, 1989.

Analysis and conclusion


CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Framed in 1989 Why?

Demands made by Dalits and others that the government must take seriously the ill
treatment and humiliation Dalits and tribal groups face in an everyday sense.
❖ Background of the law
No. of assertive dalits groups came
➔ During 1970s and 1980s
into being and asserted their rights.

They refused to perform their so-called caste


duties and insisted on being treated equally.

∴ Dalit groups demanded new laws that would list the various sorts of violence against dalits and
prescribe stringent punishment for those who indulge in them.

❖ Similarly, Adivasis people demand for equal rights.


CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Significance of Act

❖ The Act distinguished several levels of crimes.

Modes of Humiliation
[Both physically horrific and morally reprehensible]

I. Force a member of a Scheduled Caste or a Scheduled Tribe to


drink or eat any inedible or obnoxious substance. Seeks
punishment
II. Forcibly removes clothes from the person of a member of a
Scheduled Caste or a Scheduled Tribe or parades him or her naked
or with painted face or body or commits any similar act which is
derogatory to human dignity…
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Lists actions that dispossess dalits and adivasis

❖ Actions which deprive them of their meagre resources or which force them into performing
slave labour.

❖ The act have the provision to punish those who wrongfully occupies or cultivates any land
owned by, or allotted to, … a member of a Scheduled Caste or a Scheduled Tribe or gets the
land allotted to him transferred.

Crimes against Dalits and Tribal women

❖ The act seeks to penalise anyone who assaults or uses force on any woman belonging to a
Scheduled Caste or a Scheduled Tribe with intent to dishonour her …
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Story of Kabir:
Kabir के दोहे

❖ Kabir was a fifteenth century poet and weaver who also belonged to the
Bhakti tradition.
Being free of ritual and priests.
❖ Kabir attacked those who attempted to define individuals on the basis of
their religious and caste identities.

His poetry brings out the powerful idea of the equality of all human beings and their labour.
He writes about valuing the work of the ordinary potter, the weaver and the woman carrying
the water pot - labour that in his poetry becomes the basis of understanding the entire
universe.
❖ Even today Kabir’s poetry is sung and appreciated by Dalits, marginalised groups and those
critical of social hierarchies in U.P., Rajasthan, Punjab, Madhya Pradesh, Bengal, Bihar and
Gujarat.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
The Scourge of Manual Scavenging:

❖ What is manual scavenging?

The practice of removing human and animal waste/excreta using


brooms, tin plates and baskets from dry latrines and carrying it on
the head to disposal grounds some distance away.

The one who perform this are known as manual scavenger.

❖ This job is mainly done by Dalit women and young girls.

❖ According to Safai Karamchari Andolan: There are one lakh persons from Dalit communities
who continue to be employed in this job in this country and who work in 26 lakh private and
community dry latrines managed by municipalities. Problems
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
The Scourge of Manual Scavenging:
Problems forced by Manual Scavenging
I. Exposed to subhuman conditions of work and face serious
health hazards.
II. They are constantly exposed to infections that affect their eyes,
skin, respiratory and gastrointestinal systems.
III. They get very low wages for the work they perform. Those
working in urban municipalities earn ` 200 per day and those
working privately are paid much less.
IV. They often live in separate settlements on the outskirts of the
village and are denied access to the temple, public water
facilities etc.
V. Considered as untouchables.

Government ने क्या कया?


CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
The Scourge of Manual Scavenging:
I. In 1993 Manual Scavengers and Construction of Dry Latrines (Prohibition) Act.

This law prohibits the employment of manual scavengers as well as the construction of dry latrines.

Did the situation improved?

In 2003, Safai Karamchari Andolan and 13 other organisations and individuals filed a PIL in Supreme
Court.

❖ Complained that manual scavenging still existed and it continued in government undertakings
like the railways.
❖ Court directed every department/ministry of the union government and state governments to
verify the facts within six months. If manual scavenging was found to exist, then the
government department has to actively take up a time-bound programme for their liberation
and rehabilitation. The Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act came into force on 6 December 2013.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Adivasi Demands and the 1989 Act:
❖ Adivasis are often unwilling to move from their land and are forcibly displaced.

∴ Activists demanded the rights guaranteed in the constitution.

Land belonging to tribal people cannot be sold to or bought by non-tribal


people. In cases where this has happened, the Constitution guarantees the
right of tribal people to re-possess their land.

C.K. Janu Pointed that, one of violator of the constitutional right is government itself.

Allow non-tribal encroachers in the form of timber merchants, paper mills etc,
to exploit tribal land, and to forcibly evict tribal people from their traditional
forests in the process of declaring forests as reserved or as sanctuaries.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Adivasi Demands and the 1989 Act:
C.K. Janu
● She demanded compensation for tribes those who are evicted.
● The government must draw up plans and policies for them to live
and work elsewhere.
● Proper rehabilitation of the displaced.

Problems
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
Conclusion:
Law It’s existence on paper does not mean that it exist in reality.

People’s effort

Translate these laws into principles that guide the actions of their fellow citizens or even their leaders.

This can be achieved through processes of struggle, writing, negotiation and organisation.

Because the desire for equality, dignity and respect is not new.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
NCERT Solutions:
Que 1. List two Fundamental Rights in the Constitution that Dalits can draw upon to insist that they
be treated with dignity and as equals. Re-read the Fundamental Rights listed on page 14 to help
you answer this question.
Ans 1. Two Fundamental Rights are a follows:
(a) Right to Equality
(b) Right against Exploitation

Que 2. Re-read the story on Rathnam as well as the provisions of the 1989 Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. Now list one reason why you think he used this law
to file a complaint.

Ans 2. Rathnam used this law to file a complaint to protest against the domination and violence of
the powerful castes in his village.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
NCERT Solutions:
Que 3. Why do Adivasi activists, including C.K. Janu, believe that Adivasis can also use this 1989 Act
to fight against dispossession? Is there anything specific in the provisions of the Act that allows her
to believe this?

Ans 3. The Act lists actions that disposes Dalits and Adivasis of their meagre resources or which
force them into performing labour of slavery. In cases where this has happened, the Constitution
guarantees the right of tribal people to re-possess their land.

It is because of these provisions that Adivasi activists believe that adivasis can also use this 1989
Act to fight against dispossession.
CLASS 8th - CIVICS - CHAPTER - CONFRONTING MARGINALISATION
NCERT Solutions:
Que 4. The poems and the song in this Unit allow you to see the range of ways in which individuals
and communities express their opinions, their anger and their sorrow. In class, do the following
two exercises:

(a) Bring to class a poem that discusses a social issue. Share this with your classmates. Work in
small groups with two or more poems to discuss their meaning as well as what the poet is
trying to communicate.
Ans. Classroom activity students are encouraged to do this ask themselves.

(b) Identify a marginalised community in your locality. Write a poem, or song, or draw a poster
etc to express your feelings as a member of this community
Ans. Students are suggested to do this task themselves.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Introduction:

What do you understand by public facilities?

Role of government Issue related to it.

❖ What we are going to study in this chapter?

Water and people of Chennai

Amu and Kumar are travelling through Chennai in a bus.


As they go round the city, they observe the water facilities
available in different parts of Chennai...
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Introduction:
❖ What we are going to study in this chapter?
➢ Water as part of the fundamental right to life.
➢ Public facilities
➢ The government’s role
➢ Where does the government get money for public facilities
➢ Water supply to Chennai: Is it available to all?
➢ In search of alternatives
➢ Extending sanitation facilities
➢ Conclusion
➢ NCERT Solution
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Water and the People of Chennai:
❖ Water facility at senior government officials like Mr. Ram Gopal’s colony

I. Bungalows here have tap water for major part of the day.
II. On days when the water supply is inadequate, municipal
water board and a water tanker is easily arranged for his
house.

❖ Water facilities at Subramanian’s apartment


I. This area gets municipal water once in two days.
II. Borewell water is, brackish so the residents use it in their toilets and
for washing.
III. For other uses, water is purchased from tankers.
IV. Subramanian spends upto Rs 500-600 per month on buying water from
the tankers.
V. For drinking water, residents have installed water purification systems
in their homes.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Water and the People of Chennai:
❖ Water facilities at Madipakkam
I. Siva lives on rent on the first floor of a house in Madipakkam
and gets water once in four days.
II. Shortage of water is one major reason why Siva can’t bring
his family to Chennai.
III. For drinking, Siva buys bottled water.
❖ Water facilities at Padma’s resident
I. Padma works as a domestic help in Saidapet and lives in the nearby slum.
II. She pays a rent of Rs 650 for the hutment, which has neither a bathroom nor
a tap connection.
III. For 30 such hutments there is a common tap at one corner, in which water
comes from a borewell for 20 minutes twice daily.
IV. A family gets to fill a maximum of three buckets within this time. The same
water is used for washing and drinking.
V. In summer, the flow becomes a trickle, so that one family gets water only at
the cost of another.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Water as a Part of Fundamental Right to life:
Water and We
I. Essential for life and for good health.
II. Safe drinking water can prevent many water-related
diseases.
III. India has one of the largest number of cases of diseases
such as diarrhoea, dysentery, cholera.

❖ In India over 1,600 death took place everyday because people It is the right of every person,
don’t have access to safe drinking water. whether rich or poor, to have
Article 21 sufficient amounts of water to
fulfil his/her daily needs at a
price that he/she can afford.

Right to life Right to water


Universal Access
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Water as a Part of Fundamental Right to life:
❖ Both High Court and Supreme Court held that

Right to safe drinking water is a Fundamental Right

Andhra Pradesh High Court’s


verdict in Mahbubnagar district
“Right to water entitles everyone
to sufficient, safe, acceptable,
physically accessible and
affordable water for personal and
domestic use”
United Nations (2002)
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Public Facilities:
❖ Water is a example, like water there are other essential facilities.

● Health Care Public facilities


● Sanitation
● Electricity
Why it is known as public facilities?
● Public transport
● Schools
● Colleges Characteristic of a public facility is
that once it is provided, its benefits
can be shared by many people.
Example: Schools
: Supply of electricity
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
The Government’s Role:
❖ We have seen public facilities Their importance

∴ Someone must carry the responsibility


of providing these to the people.

Someone

Government

Let us try and understand why the government (and only


the government) must bear this responsibility.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
The Government’s Role:

The Indian Constitution guarantees the Right to Education The government needs to play an
for all children between the ages of 6-14 years. Equity in the active role in providing adequate
schooling facilities available to all children is an important access to proper health facilities for
aspect of this Right. However, activists and scholars working the entire population. This includes
on education have documented the fact that schooling in the eradication of preventable
India continues to be highly unequal. diseases like polio as shown in the
above photograph.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
The Government’s Role:
Private Companies A private company will probably not be
interested in undertaking such work.
Operate for profit in the market.
In cases, if private companies provide
Very low or no profit in most of the public facilities. public facilities it will provide at a price
Example: Keeping the drains clean. that only some people can afford.
Anti malaria campaign.
Hence, this facility is not available to all
at an affordable rate.

∴ The responsibility to provide public facilities must be that of the government.

Because public facilities relate to people’s Basic needs.


CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Where does the Government get Money for Public Facilities?
Public facilities $ Expenses $ धन कहां से आता है ?

Budget

❖ Estimate of expenditure and revenue of government. धन कहां से आता है ?

The government also announces the various ways in which it plans to meet these expenses.

Main source of revenue: Taxes collected from the people

Ex. Tax on the supply of water Why?

Advantages
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Where does the Government get Money for Public Facilities?
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Water Supply to Chennai: Is it Available to All?
Public facilities Expectation vs Reality

There is great shortage of such facilities


❖ Let us see the provision of public facilities with reference to water.

Water supply in Chennai


I. Marked by shortages.
II. Municipal supply meets only about half the needs of the people of the city.
III. There are areas which get water more regularly than others.

Who gets what?


I. The burden of shortfalls in water supply falls mostly on the poor.
II. The middle class, are able to cope through a variety of private means such as digging
borewells, buying water from tankers and using bottled water for drinking.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Water Supply to Chennai: Is it Available to All?
Availability of water VS Access to safe drinking water

I. The wealthy have more choices, thanks to the booming market


in bottled water and water purifiers.
II. Whereas the poor are again left out.
III. In reality, therefore, it seems that it is only people with money
In rural areas, water is needed who have the right to water.
both for human use and for
use by the cattle. The sources
of water are wells, Issue of taking water from farmers
handpumps, ponds and
sometimes overhead tanks.
Much of these are privately
owned. Compared to the urban
Good OR Bad
areas, there is an even greater
shortage of public water supply Challenge
in rural areas.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
In Search of Alternatives:
❖ Chennai is just an example. In summers the situation is common to
other cities of India

The shortage in municipal water is increasingly being filled by an expansion of


private companies who are selling water for profit.

Problems

Standard set by urban water commission.


A shortage of municipal water is often taken as a
135 litre per day/ Seven buckets sign of failure of the government. Explain
Availability
● In slums 20 litres per day [One Reason for allowing private companies to take over
bucket]
● Luxury hotels 1600 litres per day
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
In Search of Alternatives:
❖ Is it the only solution privatise the water supply.

Consider the following fact

1. Throughout the world, water supply is a function of the government. There are very
few instances of private water supply.
2. There are areas in the world where public water supply has achieved universal
access. Porto Alegre
3. Water supply in the hands of private companies Rise in the price.

Making it unaffordable for many. Hence


leading to protest. E.g. Protest in Bolivia.
4. Within India, there are cases of success in government water departments.
E.g. Water supply department in Mumbai, efforts in Hyderabad government and
Chennai government.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
In Search of Alternatives:
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Public Water Supply in Porto Alegre:
Steps taken by water department to achieve universal access to safe water.

I. The average price of water is kept low, and the poor are charged half the
basic rate.

II. Whatever profit the department makes is used to improve the water
supply.

III. The working of the water department is transparent and people can
have a direct say in deciding which projects the department should take
up.

Public meeting and vote


CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Extending Sanitation Facilities:
Sanitation One of the important public facility.

I. However, the sanitation coverage in India is even lower than that of water.
II. 87 percent of the households in India have access to drinking water and about 53 percent
have access to sanitation.

It is the poor both in the rural and urban areas who lack access to sanitation.

Achievement of sulabh in providing sanitation

● Sulabh, a non-government organisation, constructed more than 8,500 community toilet


blocks and 1.5 million household toilets, giving access to sanitation to 20 million people.
● The majority of the users of Sulabh facilities are from the poor working class.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Extending Sanitation Facilities:

How does it operate?

Sulabh enters into contracts with municipalities or


other local authorities to construct toilet blocks with
government funds.

Local authorities provide land and funds for setting


up the services, whereas maintenance costs are
sometimes financed through user charges.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
Conclusion:
Public Facilities

❖ Relate to our basic needs.

● Right to water
● Right to health Right to life
● Right to education

One of the major roles of the government is to ensure adequate public facilities for everyone.
I. There is a shortage in supply and there are inequalities in distribution.
II. Towns and villages are under-provided.
III. Compared to wealthy localities, the poorer localities are under-serviced.

❖ Every citizen of the country has a right to these facilities which should be provided to
her/him in an equitable manner.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
NCERT Solution:
Que 1. Why do you think there are so few cases of private water supply in the world?
Ans 1. This is because private companies work for profit and no for public welfare. They provide
water supply at a price which only some people can afford. This leads to huge protests by the people
thereby forcing the government to take back the service from private companies. This is why, there
are so few cases of private water supply in the world.

Que 2. Do you think water in Chennai is available to all and affordable by all? Discuss.
Ans 2. No, in Chennai, water is not available to all equally and it is not affordable by all. The
municipal water supply meets only half the needs of the people of the city. There are areas which
receive more water than others as they are closer to the storage point. The poor people are the
worst sufferers as they do not have a water connection and even the brackish water from borewell is
available for only 20 minutes everyday. Poor cannot afford to buy bottled water,those comparatively
well-off get submersible pumps installed and buy bottled water.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
NCERT Solution:
Que 3. How is the sale of water by farmers to water dealers in Chennai affecting the local people?
Do you think local people can object to such exploitation of groundwater? Can the government do
anything in this regard?
Ans 3. The sale of water by farmers to water dealers in Chennai has affected the lives of local
people adversely. They are facing severe water shortage because of this.

Yes, the local people can object to such exploitation of groundwater as it is a public good and it's
over-exploitation is leading to water shortage in the locality.

The government can do a lot in this regard. It can ban private companies from entering in
monetary transactions with villages and buying water resources from them. Villagers should also
be prohibited from selling water for money.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
NCERT Solution:
Que 4. Why are most of the private hospitals and private schools located in major cities and not in
towns or rural areas?
Ans 4. Private schools and hospitals work for profit; they do not have public welfare as their
priority. They exist in major cities because people there can afford to pay higher for the services
whereas people living in towns and rural areas cannot.

Que 5. Do you think the distribution of public facilities in our country is adequate and fair? Give an
example of your own to explain.
Ans 5. No, the distribution of public facilities in our country is not adequate and fair. All persons
living in our society do not have equal access to public facilities. For instance, water supply system
is better in localities comprising wealthy people. Moreover, they can buy packaged water from
private companies. In poor localities, there is always a problem of water from private companies.
The situation is same with regard to healthcare and hospitals too.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
NCERT Solution:
Que 7. Are the above public facilities shared equally by all the people in your area? Elaborate.
Ans 7. No, the above public facilities are not shared equally by all the people in my area. The public
facilities like water, electricity, healthcare do exist but the richer people have better access to them
because they can afford to pay more for those services.
Since, the poor cannot afford to pay much, they avail government subsidised public facilities which
are very poor in quality.

Que 8. Data on some of the public facilities are collected as part of the Census. Discuss with your
teacher when and how the Census is conducted.
Ans 8. The census is conducted every 10 years. It is for counting the entire population of the
country. It also collects detailed information about the people living in India- their age, schooling,
profession, religion, etc.
The information is collected in a prescribed form. It is collected by enumerators who visit each and
every household.
CLASS 8th - CIVICS - CHAPTER - PUBLIC FACILITIES
NCERT Solution:
Que 9. Private educational institutions – schools, colleges, universities, technical and vocational
training institutes are coming up in our country in a big way. On the other hand, educational
institutes run by the government are becoming relatively less important. What do you think would
be the impact of this? Discuss.
Ans 9. The private educational institutions are coming up in a big way in our country today. But if
this continues, then there would be a monopoly of private educational institutions.

Since private institutions work with profit motive, they keep the prices high. The high fees will
deprive poor people from getting education.

Thus, it is important for government to run educational institutions to work towards providing
affordable education to all.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Introduction:
Need of Law and Social Justice With reference to the

Story of a shirt
Producer of cotton Consumer of shirt

At times, market everywhere tend to


be exploitative of people.

∴ To protect people from such


exploitation laws and social justice is
required.
Number of people are involved in this cycle: Farmer
weavers, workers, Buyers, etc.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Introduction:
What we are going to study in this chapter?
➔ Laws and Social Justice and issue related to it
➔ Bhopal Gas Tragedy
➔ What is a worker’s worth?
➔ Enforcement of safety laws
➔ New laws to protect the environment
➔ Environment as a public facility
➔ Conclusion
➔ NCERT Solution
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Law and Social Justice: Issues Related to it
A common market situation

❖ Private companies, contractors, business persons Wants more and more profit.

In this situation

They might deny workers their rights and not pay them wages.

● Only laws can protect them. E.g. Minimum wages act.

● Similarly there are laws that protected the interests of


producers and consumers.
Workers in a textile mill in Ahmedabad. Faced
with greater competition from power looms,
a majority of the textile mills closed down Are the laws sufficient?
during the 1980s and 1990s.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Law and Social Justice: Issues Related to it
Merely making laws is not enough. The government has to ensure that these laws are implemented.

Enforcement becomes even more important when the law seeks to protect the weak from the strong.

Role of Government

∴ We can say that


Through making, enforcing and upholding these laws, the government can control the activities of
individuals or private companies so as to ensure social justice.

❖ Many of these laws are part of fundamental rights.

I. Right against Exploitation says that no one can be forced to work for low wages or under bondage.
II. “No child below the age of 14 years shall be employed to work in any factory or mines or engaged in
any other hazardous employment.”
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Bhopal Gas Tragedy:
❖ At midnight on 2 December, 1984.

A highly poisonous gas Methyl-isocyanate leaked in the Union Carbide (UC),


an American pesticide producing company.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Bhopal Gas Tragedy:
❖ Disaster was not an accident UC had deliberately ignored the essential safety measures.

Despite all this, it refused to accept responsibility.

A $3 billion compensation case was filled in 1985 but


accepted lowly $470 million in 1989.

Despite the
overwhelming
evidence pointing
to UC as
responsible for the
disaster, it refused
to accept
responsibility.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
What is a Worker’s Worth?
❖ Disaster happened in Bhopal. But why did an american company set up its plant in India.

There are multiple reason for it

● Cheap labours are available in India as compared to USA.


● Lower working conditions including lower safety measures
are used as ways of cutting costs.
Example: In Union Carbide
I. Between 1980 and 1984, the work crew for the MIC plant
was cut in half from 12 to 6 workers.
II. The period of safety training for workers was brought down
from 6 months to 15 days.
III. The post of night-shift worker for the MIC plant was
abolished.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
What is a Worker’s Worth?
West virginia USA UC plant Bhopal

I. Comparison between UC’s safety system in I. Whereas the UC plant in Bhopal relied
Bhopal and its other plant in the US. on manual gauges and the human
II. Computerised warning and monitoring senses to detect gas leaks.
systems were in place. II. At the West Virginia plant, emergency
evacuation plans were in place, but
nonexistent in Bhopal.

❖ Why are there such sharp differences in safety standards across countries? And even after
the disaster happened, why was the compensation to the victims so low?
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
What is a Worker’s Worth?
❖ Reasons for such sharp differences are:
● Easy availability of workers.

Since there is so much unemployment, there are many workers


who are willing to work in unsafe conditions in return for a wage.

Making use of the workers’ vulnerability, employers ignore


safety in workplaces.

Due to this there are regular reports of accidents in construction sites,


mines or factories due to the callous attitude of the employers.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Enforcement of Safety Laws:
Government

Ensure that safety laws Upholds article 21 and


are implemented. constitution

What was the government doing when there were such


blatant violations of safety standards in the UC plant?

I. The safety laws were lax in India.


II. Even weak safety laws were not enforced.

Understand with this the case of Bhopal Gas Tragedy


CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Enforcement of Safety Laws:
Bhopal Gas Tragedy

❖ Government officials refused to recognise the plant as hazardous and allowed it to come up in
a populated locality.
❖ When some municipal officials in Bhopal objected the position of the government was that the
state needs the continued investment of the Bhopal plant, which provides jobs.
❖ Government inspectors continued to approve the procedures in the plant, even when repeated
incidents of leaks.

This is contrary to what the role of a lawmaking and enforcement agency should be.

❖ With more industries being set up both by local and foreign businesses in India: There is a great
need for stronger laws protecting workers’ rights and better enforcement of these laws.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
New Laws to Protect the Environment:
Situation in 1984
❖ The environment was treated as a ‘free’ entity and any industry could pollute
the air and water without any restrictions. Why?

Only few laws No enforcement of these laws.

The Bhopal disaster brought the issue of environment to the forefront.

Impact
Following the Bhopal gas tragedy, the Indian government introduced new laws on the environment.
● The polluter was to be held accountable for the damage done to environment.
● It could not be destroyed merely for industrial development.
● In Subhash Kumar vs. State of Bihar (1991), the Supreme Court held that the Right to Life is a
Fundamental Right under Article 21 of the Constitution and it includes the right to the enjoyment
of pollution-free water and air for full enjoyment of life.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Environment as a Public Facility:
❖ Court’s order on environmental issues. Solved one problem

But it created another problems.


Ex. The courts directed industries in residential areas in Delhi to close down
or shift out of the city.

● Because of the closure, many workers lost their jobs.


● After the relocation also, factories were polluting the environment.
● The issue of the safety conditions of workers remained unaddressed.
❖ The growing concern for the environment among the middle classes is often at the expense
of the poor.
Ex. Slums are needed to be cleaned as a part of a city’s beautification drive.

But there is little concern for the safety of the workers themselves.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Environment as a Public Facility:
Disparity in enjoying the benefits
of the government

The challenge is to look for solutions where everyone can benefit from a clean environment.

What can be done?

● Move to cleaner technologies and process in factories.


● Fine those polluted the environment.
● The workers livelihoods are protected and both workers and communities living around
the factories enjoy a safe environment.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
Conclusion:
Laws and their significance

Private companies and other Profit motive

Exploitation of workers

In this situation role of the government is very important.

Making, enforcing and upholding laws Appropriate Laws

❖ Along with government people can exert pressure so that both private companies and the
government act in the interests of society.

Environment, workers rights, Right to life


CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 1. Talk to two workers (For example, construction workers, farm workers, factory workers,
workers at any shop) to find out if they are receiving the minimum wages laid down by law.
Ans 1. Construction workers do not receive the minimum wages. Factory workers don't get
minimum wages.

Que 2. What are the advantages to foreign companies in setting up production in India?
Ans 2. Following are the advantages so foreign companies in setting up production in India:
I. Cheap labour
II. Fewer additional expenses
III. No strict safety standards to follow
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 3. Do you think the victims of the Bhopal gas tragedy got justice? Discuss.
Ans 3. No, he victims of the Bhopal gas tragedy did not get injured.
The victims of the gas leak have still not been rehabilitated. Three decades later, they are still
fighting for safe drinking water, health standards and jobs for living. They are yet to get adequate
compensation for the suffering caused. Their cases are still pending in numerous courts.

Que 4. What do we mean when we speak of law enforcement? Who is responsible for
enforcement? Why is enforcement so important?
Ans 4. Law enforcement means implementation of the law made by the government on ground
without discrimination. The government is responsible for enforcement.
Enforcement of laws is important because:
I. Rules and producers would be flouted rampantly without it.
II. The Bhopal gas tragedy took place because of lax in the country.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 5. How can laws ensure that markets work in a manner that is fair? Give two examples to
support your answer.
Ans 5. Laws can ensure that markers work in a fair manner by:

I. Enforcing the law against black marketing by regular surprise checks to curb hoarding of
items.
II. Anti Child Labour Act must be enforced to check exploitation of children by sealing shops and
industries that employ children.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 7. Write a paragraph on the various roles of the government that you have read about in this
unit?

Ans 7. Various roles of the government are as follows:

● Provide public facilities for a decent standard of living of all citizens.

● Make laws for the protection of people from exploitation by the market.

● Enforce laws to ensure their proper implementation and punish those who flout the
rules/disobey the laws.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 8. What are the sources of environmental pollution in your area? Discuss with respect to (a) air; (b)
water and (c) soil. What are the steps being taken to reduce the pollution? Can you suggest some other
measures?
Ans 8. Sources of environment pollution in my area are:
(a) Air: Vehicular emissions, factories emitting hazardous gases.
(b) Water: Disposal of industries waste in the rivers, throwing of garbage
(c) Soil: Industrial effluents
Steps being taken to reduce pollution are:
● Old vehicle emitting polluting gases have been banned.
● Disposal of industrial and household waste/garbage into the rivers prohibited.
● Lockdown on factories emitting pollutants.
Some other suggestion are:
● Promote environment friendly ways of disposing waste.
● Generate awareness among citizens about the harmful effects of polluting the environment.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 9. How was environment treated earlier? What has been the change in perception? Discuss
Ans 9. Earlier, there were few laws for the protection of environment in India and there was hardly
any enforcement of these laws. Environment used to be treated as a ‘free’ entity. Any industry could
pollute the air and water without any restrictions.

There has been a change in perception with regard to the environment, especially after the Bhopal
Gas Tragedy which took place in 1984. It has been realised that the environment needs to be
protected for the health and welfare of people as well as future citizens.

The courts have also given a number of judgements upholding the right to a healthy environment as
intrinsic to the Fundamental Right of Life. Now, there are strict punishments for polluters.
CLASS 8th - CIVICS - CHAPTER - LAW AND SOCIAL JUSTICE
NCERT Solution:
Que 10. What do you think the famous cartoonist R.K. Laxman is trying to convey in this cartoon?
How does it relate to the 2016 law that you read about on page 123?
Ans 10.

The cartoonist is trying to convey how child labour works in


our society. In this cartoon, we see that a rich woman has
hired a child to carry the heavy school bag of her own child.
Whereas one goes to school, another does not get even that
and is instead employed in labour. The law passed by the
government in October 2006 bans children under 14 years of
age from working as domestic servants or as workers in
dhabas, restaurants, tea shops, etc. It made employing these
children a punishable offence. Anyone found violating the
ban must be penalised with a punishment ranging from a jail
term, to fine or both. What the rich woman is depicted as
doing in the cartoon is in violation of the law.
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